QlikMarket User Terms and Conditions
1. QlikMarket Solutions are Provided by QlikTech and Third Parties
While some QlikMarket Solutions are provided by QlikTech ("QlikTech-Provided Solutions"), User agrees that many QlikMarket Solutions are provided by third parties not under QlikTech’s control and are not official QlikTech products. The fact that a QlikMarket Solution is present in QlikMarket as a “Validated Solution” means only that the QlikMarket Solution has met QlikTech’s minimum testing standards to permit it to be offered on QlikMarket and does not constitute an endorsement of any QlikMarket Solution or a representation of any level of quality or availability.
2. Third Party Sites, Products and Services
The “Referrals” area of QlikMarket provides Users with access to non-validated QlikMarket Solutions (“Referrals”). When User accesses a Referral, User will be automatically directed to the third party site offering the applicable non-validated QlikMarket Solutions, and will no longer be on the Qlik Site. These links are available through the Qlik Site merely as a convenience, for informational purposes and the inclusion of such links does not constitute or imply any endorsement or recommendation. User agrees that QlikTech is not responsible for the availability of the Referral, or any other content (including opinions, advice, statements and advertisements), products and services from third parties (“Third Party Content”). User should refer to the policies posted by other web sites regarding privacy and other topics before User uses them. User understands that User bears all risks associated with the access to and use of such Third Party Content.
3. Installation and use of QlikMarket Solutions; Default terms
User’s use of QlikMarket Solutions will be governed by terms User must click-accept during the download or installation process. Please read those terms carefully before accepting them. User should contact the Developer of a particular QlikMarket Solution directly with any questions about those terms.
If no terms are included during the download or installation process, the following default terms shall apply:
(a) As between User and the Developer (which shall be QlikTech, in the case of QlikMarket Solutions provided by QlikTech), the Developer owns all right, title and interest in and to the QlikMarket Solution. User is granted a non-exclusive, non-transferable license (without the right to sublicense) to download, install and use a single copy of the QlikMarket solution in object code format for User’s internal purposes only. Except for the foregoing limited license, no other license is granted, no other use is permitted, and all other rights are expressly reserved. QlikMarket Solutions may be designed to operate in connection with other software, services or materials (“Other Materials”) and User is solely responsible to obtain all licenses necessary to use Other Materials.
(b) THE QLIKMARKET SOLUTION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER (ON BEHALF OF ITSELF AND ITS LICENSORS) DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
(c) IN NO EVENT SHALL DEVELOPER BE LIABLE TO USER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (B) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (C) DAMAGES, IN THE AGGREGATE, IN EXCESS OF FIFTY DOLLARS ($50.00).
QlikMarket allows User to post reviews of QlikMarket Solutions User has used, and to post comments on such reviews. Such reviews and comments will be posted under User’s name and may be viewed by other users of the QlikCommunity and QlikMarket. If User does not want User’s name to appear with any reviews or comments, User should not post any reviews or comments on QlikMarket. To be useful to other users, those reviews and comments User posts must be made in good faith after reasonable evaluation of the full QlikMarket Solution. Therefore, the follow terms will apply to such reviews and comments:
• User may post only one review per QlikMarket Solution, unless the later review reflects a good-faith rating change based on further evaluation.
• If User posts a review of, or comment on, User’s own QlikMarket Solution, User must disclose User’s affiliation.
• If User posts a review of, or comment on, a competitor's QlikMarket Solution, User must disclose User’s affiliation.
QlikTech reserves the right, at its sole discretion and for any reason at any time, to remove or edit any review or comment on QlikMarket. Content unrelated to a review or comment of the relevant QlikMarket Solution – for example, discussing QlikTech employees, business or stock, or those of other companies, or unrelated products or services – is prohibited. In addition, reviews and comments may not contain content that:
• is inconsistent with the permissible uses contemplated by this Agreement;
• is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
• is false, fraudulent or misleading;
• violates applicable law, including any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
• constitutes advertising or any other form of commercial solicitation; or
• impersonates any other person or entity, including QlikTech employees.
Posting of hypertext links to third-party sites is discouraged, unless they are relevant to the review (for example, a link to a publication containing a review of the relevant QlikMarket Solution).
QlikTech does not claim ownership of the content of reviews or comments User posts on QlikMarket. However, User hereby grants QlikTech a nonexclusive, worldwide, irrevocable, perpetual, transferable, fully paid-up, royalty-free to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
QlikTech reserves the right directly, or acting through agents or third parties, to investigate any violation of this Agreement and take appropriate remedial action. QlikTech may enforce the terms of this Agreement by any legal means, including, but not limited to, warning User of violations; disabling or suspending privileges and/or access; removing, blocking or editing any content; or prohibiting any behavior that does not comply with this Agreement, or which is otherwise inappropriate, harmful or objectionable. QlikTech may release information concerning User’s use of QlikMarket (including records and published content) when we believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply this Agreement; to protect our rights or property; to protect against fraudulent, abusive or unlawful use of QlikMarket; or if QlikTech reasonably believes that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure. Deliberate attempts by User or someone on User’s behalf to evade or circumvent the suspension or termination of User’s rights to use QlikMarket violate this Agreement and may result in legal action. To report violations of this Agreement, please email email@example.com with appropriate details, including User’s contact information.
As previously stated, certain of the QlikMarket Solutions and content on QlikMarket are submitted by third parties. Third-party content is the sole responsibility of the originator of such content. QlikTech is not responsible for any third-party content, whether or not QlikTech reviewed or moderated such content. User agrees that User bears all risks associated with using or relying on QlikMarket Solutions and content on QlikMarket. QlikTech does not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of any QlikMarket Solutions or content on QlikMarket, regardless of who originated that content (including QlikTech or our employees, partners, affiliates or moderators), and even if a QlikMarket Solution is designated as a “Validated Solution” or provided by QlikTech. QLIKTECH HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO ALL QLIKMARKET SOLUTIONS AND CONTENT. QLIKTECH SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES, RELATING TO USER’S USE OF OR RELIANCE UPON ANY QLIKMARKET SOLUTIONS OR CONTENT ON QLIKMARKET.
QlikTech may change the terms of this Agreement from time to time by posting a revised Agreement to the Qlik Site. Any use of QlikMarket after such posting shall be governed by such revised terms.
Copyright © 2012 QlikTech, Inc. All rights reserved.
This Agreement was last updated on April 16, 2012.